R986-100-134. Payments of Assistance Pending the Hearing

  (1) A client is entitled to receive continued assistance pending a hearing contesting a Department decision to reduce or terminate SNAP or RRP financial assistance if the client's request for a hearing is received no later than 10 days after the date of the notice of the reduction, or termination. The assistance will continue unless the certification period expires until a decision is issued by the ALJ. If the certification period expires while the hearing or decision is pending, assistance will be terminated. If a client becomes ineligible or the assistance amount is reduced for another reason pending a hearing, assistance will be terminated or reduced for the new reason unless a hearing is requested on the new action.

  (2) If the client can show good cause for not requesting the hearing within 10 days of the notice, assistance may be continued if the client can show good cause (as defined in R986-100-131) for failing to file in a timely fashion.

  (3) A client affected by Subsection (1) can request that payment of assistance not be continued pending a hearing but the request must be in writing.

  (4) If payments are continued pending a hearing, a client affected by Subsection (1) is responsible for any overpayment in the event of an adverse decision.

  (5) If the decision of the ALJ is adverse to a client affected by Subsection (1), the client is not eligible for continued assistance pending any appeal of that decision.

  (6) If a decision favorable to a client affected by Subsection (1) is rendered after a hearing, and payments were not made pending the decision, retroactive payment will be paid back to the date of the adverse action if the client is otherwise eligible.

  (7) Financial assistance payments under FEP, FEPTP, GA or WTE, and CC subsidies will not continue during the hearing process regardless of when the appeal is filed.

  (8) Financial assistance under the RRP will not extend for longer than the eight-month time limit for that program under any circumstances.

  (9) Assistance is not allowed pending a hearing from a denial of an application for assistance.